There is no single deciding factor. It's weighing the State's evidence against your available defenses. The most important pieces of evidence in a DWI are the breath or blood score and the video(s). After you have reviewed all of the discovery with your attorney, you will be able to evaluate the DA's offer and decide whether accepting it outweighs the risk of going to trial.
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I agree with my colleague. There are so many factors in play in a Felony DWI trial. You have given us no information about the facts of your case. Was there a breath or blood test ? I will assume there was a statutorily mandated blood draw - Are you awaiting the results ? How do you look and sound on the video ? What were the driving facts ? How does your officer present him/herself ? What kind of jurors show up for jury duty in your county ? All of these things play a role in the final outcome of your case.
Felony DWI trials are inherently unfair. The first thing the jury hears is that you have two prior convictions. The lawyer must address this head on in voir dire. How old are the prior DWI's. We're they probated prior to 1984?
Did you waive jury in those cases knowingly and intelligently? We're you represented by counsel?
There are many fine DWI lawyers in your area. Look for one who is a member of the National College of DUI Defense (NCDD).These lawyers are typically better versed in DWI law and the issues involved in your defense. Now is not the time to bargain shop - you need an experienced DWI trial lawyer with jury trial experience in DWI blood test cases. These cases involve complex areas of science and the law, which some lawyers are not familiar with. Good luck, and I hope this information helps.
My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer. If possible, hire an attorney who is a member of the National College of DUI Defense, who is familiar with your jurisdiction. Jim Butler- myhoustondwi.com, dwisurcharge.com 713-236-8744
There are a lot of factors. The prosecutor has to look at your performance on the standardized field sobriety tests and the results of any scientific testing such as breath or blood test results.
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
As my colleagues have said, there are numerous factors involved in determining whether the state intends to prosecute its case. Things like witness availability, strength of evidence, etc. are all factors the state will consider. As a former prosecutor, these are factors we considered all the time in making decisions on whether to try a case to a jury.
At this point, there are too many facts missing in order to make a careful prediction on whether this case should be presented to a jury. Your attorney needs to determine whether their is a breath or blood test involved, what your field sobriety tests look like (if any), and whether a video is available.
If you don't have an attorney, I suggest contacting one immediately who can help guide you through this difficult process.
Please do not hesitate to call 210.701.1241 with any questions.
Up here in Wisconsin, felony DWI cases are seldom dismissed outright. Many prosecutors would rather lose than dismiss.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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